Vishal Mohan Rasal And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:24453 942-ABA-1455-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1455 OF 2024

1. Vishal Mohan Rasal

2. Manoj Mohan Rasal

3. Navnath Pandurang Jogdand

VERSUS

The State Of Maharashtra And Another *** • Mr. A. R. Hange h/f Mr. R. G. Hange, Advocate for the Applicants • Mr. C. V. Bhadane, APP for the Respondent/State *** CORAM : R.M. JOSHI, J DATE : OCTOBER 09, 2024 PER COURT :

1.

Applicants apprehend arrest in connection with with C.R. No. 119/2024 registered with Neknoor Police Station, Dist. Beed for the offences punishable under Sections 324, 323, 504 read with Section 34 of the Indian Penal Code.

2.

First informant Mahadev reported incident occurred on 10.05.2024 at about 03.00 pm in which he was assaulted by the present Applicants and co-accused Mohan. There is allegation against co-accused that he had caused assault on the informant with stick that resulted in causing of fracture injury on his wrist. Umesh

942-ABA-1455-2024.odt Allegation against Applicants is that they had beaten him with fist and kick blows.

3.

Learned Counsel for the Applicants submits that as per the FIR there is dispute between the parties as such, false/over implication is not ruled out. It is contented that fracture caused to the Informant cannot be attributed to the present Applicants.

4.

Learned APP opposed the Application.

5.

Prima facie perusal of the FIR indicates that there are disputes between the parties and the civil proceedings are pending. FIR indicates that the allegations of causing of fracture injury is not attributed to the present Applicants but co-accused. Nothing is to be recovered at the instance of present Applicants. Owing to the previous dispute between the parties, over implication is not ruled out. In the result, application is allowed by confirming interim order dated 26.08.2024.

(R.M. JOSHI, J.) Umesh